HomeMy WebLinkAbout00 CC AGENDA 04-17-07
CITY OF TUSTIN APRIL 17, 2007
COUNCIL CHAMBER
REGULAR MEETINGS OF THE
CITY COUNCIL 300 CENTENNIAL WAY, TUSTIN
Jerry Amante, Mayor Pro Tem William A. Huston, City Manager
Doug Davert, Councilmember Douglas Holland, City Attorney
Tony Kawashima, Councilmember Lou Bone, Mayor Pamela Stoker, City Clerk
Jim Palmer, Councilmember George Jeffries, City Treasurer
CLOSED SESSION MEETING
5:30 p.m.
The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The
following items were received for the April 17, 2007
meeting of the City Council. (Agenda Items A thru D)
CALL TO ORDER
PUBLIC INPUT
– Members of the public may address the City Council on items on the Closed
Session Agenda.
CLOSED SESSION ITEMS
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION pursuant to
Government Code Section 54956.9 (b) – 2 Cases
B. CONFERENCE WITH LEGAL COUNSEL - POSSIBLE INITIATION OF LITIGATION
pursuant to Government Code Section 54956.9 (c) – 2 Cases
C. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to
Government Code Section 54956.9(a) - Newport Beach and Tustin v. Irvine (Avalon
Bay)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code
Section 54956.8
Property: Property defined within the Master Developer footprint
at Tustin Legacy (the former Marine Corps Air Station
Tustin) including Reuse Plan Disposal Parcels 4, 5, 6,
7, 8, 13, 14, 15, 16, 17, 25, 26, 27, 28, 29, 30, 31 and
portions of Reuse Plan Disposal Parcel 40.
City Negotiators: Christine Shingleton, Assistant City Manager
Negotiators for Tustin Legacy Community Partners: Simon Whitmey
Under Negotiation: Terms and Conditions of Acquisition
City Council Meeting April 17, 2007
Agenda Page 1 of 12
PUBLIC MEETING
7:00 p.m.
CALL TO ORDER
INVOCATION
– Father John Block, St. Cecilia’s Church
PLEDGE OF ALLEGIANCE
– Councilmember Kawashima
ROLL CALL
– City Clerk
CLOSED SESSION REPORT
– City Attorney
PUBLIC HEARINGS
A public hearing provides individuals the opportunity to be heard
regarding an intended action of the City Council/Redevelopment
Agency related to land use or fees. (Agenda Items 1 through 4)
1. PUBLIC HEARING: IN-BUILDING PUBLIC SAFETY RADIO SYSTEM
COVERAGE (800 MHz COMMUNICATION SYSTEM)
Existing and new development of large commercial, industrial, and residential
buildings in the City of Tustin has significantly reduced the capability of the
Tustin Police Department and the Orange County Fire Authority to
communicate with their field personnel on the radio system since the County
of Orange converted its public safety radio systems to the 800 MHz
Countywide Coordinated Communications System. This condition is
exacerbated in subterranean and dense structures. The proposed new
sections for the City of Tustin City Code will require builders, owners, and
developers of non-exempted new and planned construction of dense
buildings and subterranean structures to field radio test and to install in-
building coverage systems in areas of those buildings that impede effective
public safety radio communications.
Recommendations:
1.a. Open and close a Public Hearing; and
1.b. That the City Council introduce and have first reading of Ordinance No.
1337 and the second reading at the next scheduled meeting.
City Council Meeting April 17, 2007
Agenda Page 2 of 12
ORDINANCE NO. 1337 - An ordinance of the City Council of the City
of Tustin, California, creating Tustin City Code Sections 8950-8958 et
seq. regarding In-Building Public Safety Radio System Coverage
2. PUBLIC HEARING: FISCAL YEAR 2007-08 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING ALLOCATION, FISCAL YEAR 2007-08
ACTION PLAN, AND PROPOSED AMENDMENT TO THE CITY'S CITIZEN
PARTICIPATION PLAN TO DESIGNATE THE TUSTIN COMMUNITY
FOUNDATION AS THE CITIZEN PARTICIPATION COMMITTEE AND
ESTABLISH A THREE (3) YEAR FUNDING PROCEDURE FOR PUBLIC
SERVICE PROJECTS
The Community Development Department is proposing to submit to the
Federal Department of Housing and Urban Development (HUD) a FY 2007-
08 Action Plan which describes the activities that the City will undertake
during the program year. The Action Plan includes the program budget for
disbursement of Community Development Block Grant (CDBG) funds. The
Department is also proposing to amend the City's Citizen Participation Plan
(CPP) to designate the Tustin Community Foundation as the Citizen
Participation Committee and establish a three (3) year funding procedure for
public service projects.
Recommendations:
2.a. Open and close a Public Hearing; and
2.b. Adopt resolution.
RESOLUTION NO. 07-34 - A resolution of the City Council of the City
of Tustin, California, establishing the Fiscal Year 2007-08 Community
Development Block Grant (CDBG) Funding Allocation, approving the
Fiscal Year 2007-08 Action Plan for submission to the U.S.
Department of Housing and Urban Development, amending the Citizen
Participation Plan to designate the Tustin Community Foundation as
the Citizen Participation Committee, and establishing a three (3) year
funding procedure for public service activities
3. PUBLIC HEARING: CODE AMENDMENT 07-001: ORDINANCE NO. 1332:
PLANNING COMMISSION/HISTORIC RESOURCE COMMITTEE
CONSOLIDATION
Code Amendment 06-005 consists of proposed amendments to Tustin City
Code Section 9252c related to assigning cultural and historic resources
responsibilities to the Planning Commission. The Mayor requested a review
and asked for recommendations to consolidate and minimize impacts on City
City Council Meeting April 17, 2007
Agenda Page 3 of 12
resources related to City Boards, Commissions, and Committees. After
consideration of this matter on January 15 and February 20, 2007, the
Council directed staff to: return with a recommendation on realignment of
commission/committee responsibilities and an ordinance removing term limits
for these bodies; and, initiated and referred draft Ordinance No. 1332
(Planning Commission/Historic Resource Committee Consolidation) to the
Planning Commission for consideration. On March 13, 2007, the Planning
Commission adopted Resolution No. 4057 recommending that the City
Council adopt Code Amendment No. 07-001. This item was scheduled for
consideration by the Council at its meeting of March 20, 2007 and continued
for 30 days to solicit input from stakeholders.
Recommendations:
3.a. Open and close a Public Hearing; and
3.b. Introduce and have first reading of Ordinance No. 1332 and the
second reading at the next scheduled meeting;
ORDINANCE NO. 1332 - An ordinance of the City of Tustin, California,
amending Section 9252 c and associated sections of the Tustin City
Code related to assigning cultural and historic resources
responsibilities to the Planning Commission
3.c. and/or take action as deemed appropriate.
4. CONTINUE PUBLIC HEARING: DEVELOPMENT AGREEMENT 06-002
Recommendation: Continue consideration of DA 06-002 to the Council’s next
scheduled meeting.
FIRST PUBLIC INPUT
- At this time, any member of the public may address the City
Council on matters which are listed on this agenda or under the jurisdiction of the City
Council.
City Council Meeting April 17, 2007
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CONSENT CALENDAR ITEMS
All matters listed under the Consent Calendar are considered
to be routine by the City Council and will be enacted by one
motion without discussion. Persons wishing to speak
regarding Consent Calendar matters should file a “Request to
Speak” form with the City Clerk. (Agenda Items 5 through 14)
5. APPROVAL OF MINUTES – REGULAR MEETING OF APRIL 3, 2007
Recommendation: Approve the Minutes of the Regular City Council Meeting
held April 3, 2007.
6. CONSIDERATION OF CLAIM OF AZIN SHAD, CLAIM NO. 07-05
Recommendation: Deny Claim Number 07-05, Azin Shad, and direct staff to
send notice thereof to the Claimant.
7. QUARTERLY INVESTMENT REPORT
Government Code Section 53646 requires that the Treasurer make an
Investment Report to the City Council at least quarterly showing balances by
authorized investment and certifying its compliance with the adopted
Investment Policy.
Recommendation: Receive and file.
8. PLANNING ACTION AGENDA - APRIL 9, 2007
All actions of the Planning Commission become final unless appealed by the
City Council or member of the public.
Recommendation: Ratify the Planning Commission Action Agenda of April 9,
2007.
9. CITY OF TUSTIN RESPONSE TO CITY OF IRVINE NOP OF A DSEIR FOR
DEVELOPMENT IN PLANNING AREAS 40 AND 12
City Council authorization is requested for the City of Tustin's response to the
subject Notice of Preparation (NOP) of a Draft Subsequent Environmental
Impact Report (DSEIR) to the Planning Area 40/Spectrum 8 EIR for a
proposed City of Irvine General Plan Amendment and Zone Change. These
actions are associated with the proposed development of approximately
3,918 dwelling units and 1,845,000 square feet of Multi-Use in Planning Area
City Council Meeting April 17, 2007
Agenda Page 5 of 12
(PA) 40 (586 acres) and approximately 575,000 square feet of Research and
Industrial uses (or 1,309 dwelling units) on a 36-acre parcel in Planning Area
(PA) 12. Also proposed are two schools and various parks and open space.
PA 40 is generally bounded by Jeffrey Road to the west, the I-5 Freeway to
the south, the Orange County Great Park to the east, and Trabuco Road to
the north. The portion of PA 12 is generally bounded by vacant land to the
west, the I-5 Freeway to the north, Sand Canyon Avenue to the east, and
OCTA railroad tracks to the south.
Recommendation: Authorize staff to forward the draft response letter to the
City of Irvine.
10. CITY OF TUSTIN RESPONSE TO ORANGE COUNTY SANITATION
DISTRICT PEIR FOR PROPOSED IMPROVEMENTS.
City Council authorization is requested for the City of Tustin's response to the
subject Program Environmental Impact Report (PEIR) for proposed
improvements to the Sanitation District's wastewater collection system. The
proposed actions constitute the Collection System Improvement Plan. One of
the proposed improvement projects is the Browning Subtrunk Sewer Relief
project ("Project"), which would increase the capacity of 7,800 feet of sewer
line beneath Browning Avenue between Rainbow Drive and Mitchell Avenue.
A portion of the sewer line is located in the City of Tustin.
Recommendation: Authorize staff to forward the draft response letter to the
Orange County Sanitation District.
11. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL
Recommendation: Approve demands in the amounts of $1,641,607.43 and
$965,312.44; and Payroll in the amount of $641,088.49.
12. APPROVAL OF PRE-QUALIFICATION PACKAGE FOR CONSTRUCTION
OF THE TUSTIN LIBRARY
Staff has prepared a Pre-qualification Package for construction of the Tustin
Library. The package includes a standard questionnaire and financial
statement, a uniform system of rating bidders based upon objective criteria,
and an appeal procedure which will allow a contractor to appeal decisions
that they are not qualified to bid.
Recommendation: By minute order, approve the Pre-qualification Package
for construction of the Tustin Library.
City Council Meeting April 17, 2007
Agenda Page 6 of 12
13. AWARD OF CONTRACT FOR CARPET PURCHASING, REMOVAL AND
INSTALLATION AT CITY HALL (CIP NO. 1032) UTILIZING THE
CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) BID PROCESS
SUMMARY
Approval of Resolution No. 07-38 will authorize the award of a contract to
Shaw Industries, Inc., dba Shaw Strategic Solutions Group for carpet
purchasing, removal and installation at City. Hall (CIP No. 1032) using the
California Multiple Award Schedule (CMAS) bid process under the General
Services Department of the State of California.
Recommendation: Adopt resolution.
RESOLUTION NO. 07-38 - A resolution of the City Council of the City
of Tustin, California authorizing the award of contract to Shaw
Industries, Inc., dba Shaw Strategic Solutions using the California
Multiple Award Schedule (CMAS) bid process under the General
Services Department of the State of California
14. AWARD OF CONTRACT FOR ANNUAL STRIPING AND PAVEMENT
MARKINGS PROGRAM FOR FISCAL YEARS 2007/2008 THROUGH
2011/2012 (PROJECT NO. 402-6230)
Bids for the Annual Striping and Pavement Markings Program for Fiscal
Years 2007/2008 through 2011/2012 (Project No. 402-6230) have been
received and a contract is ready to be awarded. This project provides for the
maintenance of existing citywide striping and pavement markings, and
installation of new striping and pavement markings at various locations.
Recommendation: Award the contract for the Annual Striping and Pavement
Markings Program for Fiscal Years 2008/2009 through 2011/2012 Project No.
402-6230) to J & S Sign Company, Inc., the lowest responsible and
responsive bidder, in the amount of $212,942.00, and authorize the Mayor
and the City Clerk to execute the contract documents on behalf of the City.
City Council Meeting April 17, 2007
Agenda Page 7 of 12
REGULAR BUSINESS
Matters listed on the Regular Business are generally
proposals for new legislation or items requiring discussion.
(Agenda Items 15 through 21)
15. SET INTERVIEW DATE FOR COMMISSION VACANCIES: AUDIT,
COMMUNITY SERVICES (FORMERLY PARKS AND RECREATION), AND
PLANNING COMMISSIONS
Due to term expirations, staff is requesting that the City Council set a date
and time to conduct interviews to fill vacancies on the Audit Commission,
Community Services Commission (formerly Parks and Recreation), and on
the Planning Commission. Staff suggests that interviews and selection of
commissioners be scheduled on Tuesday, May 1, 2007 at 5:00 p.m. as a
Special Meeting.
Recommendation: Pleasure of the City Council.
16. RESOLUTION ON COMMISSION COMPENSATION
Recommendation: Adopt resolution.
RESOLUTION 07-40 - A resolution of the City Council of the City of
Tustin, California, amending the compensation for Planning
Commission, Community Services Commission members
17. WORK PROGRAM TO BEGIN IMPLEMENTATION OF URBAN LAND
INSTITUTE ADVISORY PANEL RECOMMENDATIONS FOR TUSTIN
TOWN CENTER
Authorization is requested for Staff to proceed with an initial work program to
begin implementing certain major ULI Panel recommendations for the Tustin
Town Center.
Recommendations:
17.a. Authorize staff to proceed with the initial work program to implement
certain major ULI Panel recommendations for the Tustin Town
Center, and authorize the City Manager or his representative to
execute any necessary consultant services agreements within the
projected cost estimates provided herein, for preparation of a Refined
Market Analysis and Neighborhood/Concept Plans for the priority
phases, subject to City Attorney review and approval of any
agreements;
City Council Meeting April 17, 2007
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17.b. Appropriate $35,000 for preparation of the Refined Market Analysis
from un-appropriated fund balances in the South Central, South
Central Housing Set-Aside, and Town Center Redevelopment
projects to the following accounts: $14,000 in account 52-600-6010,
$14,000 in account 53-600-6010, and $7,000 in account 58-600-6010;
and
17.c. As work progresses on the preparation of the Neighborhood/Concept
Plans, instruct staff to return with a more refined work program for
General Plan, major zoning or overlay zoning modifications necessary
to implement the Neighborhood/Concept Plans, including new
development standards and any necessary environmental impact
analysis and documentation.
18. CITY COUNCIL – LEGISLATIVE REPORTS
The following legislative items to be discussed by the City Council.
?
SB 229 (Large & Heavy Load Vehicles)
?
AB 321 (Speed Limits Close to School)
Recommendation: Pleasure of the City Council.
19. ORDINANCE SECOND READING: MCAS TUSTIN SPECIFIC PLAN
AMENDMENT (ZONE CHANGE 07-001)
Recommendation: Have second reading by title only and adoption of
Ordinance No. 1335 (roll call vote) or any other action as necessary.
ORDINANCE NO. 1335 - An ordinance of the City Council of the City
of Tustin, adopting MCAS Tustin Specific Plan Amendment (Zone
Change 07-001) to amend various sections of the MCAS Tustin
Specific Plan
20. ESTABLISH A COMMUNITY FACILITIES DISTRICT AND AUTHORIZE THE
LEVY OF SPECIAL TAXES, AND INCUR BONDED INDEBTEDNESS OF
THE PROPOSED CITY OF TUSTIN COMMUNITY FACILITIES DISTRICT
NO. 07-1
A petition to form a Community Facilities District has been sent to the City by
Vestar/Kimco Tustin, L.P. for the area generally known as The District at
Tustin Legacy. The items you are being asked to approve are the initial
documents which respond to the Developer's petition and direct staff to
proceed with the creation of the district, establish the rate and method of the
special tax apportionment, incur debt, and approve the selection of various
City Council Meeting April 17, 2007
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Consultants.
Recommendations:
20.a. Accept the Petition to Create a Community Facilities District sent by
Costco Wholesale Corporation, Lowe's HIW, Inc., and Vestar/Kimco
Tustin, L.P.;
20.b. Adopt resolution;
RESOLUTION NO. 07-35 - A resolution of the City Council of the City
of Tustin to incur bonded indebtedness of the proposed City of Tustin
Community Facilities District No. 07-1 (Tustin Legacy/Retail Center)
20.c. Adopt resolution;
RESOLUTION NO. 07-36 - A resolution of the City Council of the City
of Tustin of intention to establish a Community Facilities District and
to authorize the levy of special taxes
20.d. Authorize the City Manager or the Finance Director to sign the Deposit
and Reimbursement Agreement between the City of Tustin and
Vestar/Kimco Tustin, L.P.; and
20.e. Authorize the selection of various Consultants for the Community
Facilities District financing as recommended by staff.
RECESS CITY COUNCIL MEETING
JOINT MEETING BETWEEN THE
COMMUNITY REDEVELOPMENT AGENCY,
TUSTIN PUBLIC FINANCING AUTHORITY, AND CITY COUNCIL
21. LOAN AGREEMENT WITH CITIGROUP GLOBAL MARKETS
Community Redevelopment Agency Action (Item No. 2)
Recommendations: Adopt resolutions.
RDA RESOLUTION NO. 07-03 - A resolution of the Tustin Community
Redevelopment Agency approving the form and authorizing the
issuance of a promissory note and approving the form and authorizing
the execution of a note purchase agreement relating thereto, in an
amount not to exceed $5,100,000, in connection with the financing of
the acquisition of certain land within the agency's South Central
City Council Meeting April 17, 2007
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Redevelopment Project but of benefit to its MCAS Tustin
Redevelopment Project and authorizing and directing actions with
respect thereto (Series A Note -Tax-Exempt)
RDA RESOLUTION NO. 07-02 – A resolution of the Tustin Community
Redevelopment Agency approving the form and authorizing the
issuance of a promissory note and approving the form and authorizing
the execution of a note purchase agreement relating thereto, in an
amount not to exceed $19,900,000, in connection with the financing of
the acquisition of certain land within the agency's South Central
Redevelopment Project but of benefit to its MCAS Tustin
Redevelopment Project and authorizing and directing actions with
respect thereto (Series B Note -Taxable)
Tustin Public Financing Authority Action (Item No. 2)
Recommendations: Adopt resolutions.
TPFA RESOLUTION NO. 07-03 – A resolution of the Tustin Public
Financing Authority approving the form and authorizing the execution of
a note purchase agreement in an amount not to exceed $5,100,000, in
connection with the financing by the Tustin Community Redevelopment
Agency of the acquisition of certain land within the agency's South
Central Redevelopment Project but of benefit to its MCAS Tustin
Redevelopment project and authorizing and directing actions with
respect thereto (Series A Note -Tax-Exempt)
TPFA RESOLUTION NO. 07-02 – A resolution of the Tustin Public
Financing Authority approving the form and authorizing the execution of
a note purchase agreement in an amount not to exceed $19,900,000, in
connection with the financing by the Tustin Community Redevelopment
Agency of the acquisition of certain land within the agency's South
Central Redevelopment Project but of benefit to its MCAS Tustin
Redevelopment Project and authorizing and directing actions with
respect thereto (Series B Note -Taxable)
City Council Action
Recommendation: Adopt resolutions.
RESOLUTION NO. 07-39 – A resolution of the City Council of the City
of Tustin approving the issuance by the Tustin Community
Redevelopment Agency of a promissory note in an amount not to
exceed $5,100,000, in connection with the financing of the acquisition
of certain land within the agency's South Central Redevelopment
Project but of benefit to its MCAS Tustin Redevelopment Project
City Council Meeting April 17, 2007
Agenda Page 11 of 12
(Series A Note -Tax-Exempt)
RESOLUTION NO. 07-37 – A resolution of the City Council of the City
of Tustin approving the issuance by the Tustin Community
Redevelopment Agency of a promissory note in an amount not to
exceed $19,900,000, in connection with the financing of the acquisition
of certain land within the agency's South Central Redevelopment
Project but of benefit to its MCAS Tustin Redevelopment Project
(Series B Note -Taxable)
RECONVENE TO CITY COUNCIL MEETING
SECOND PUBLIC INPUT -
At this time, any member of the public may address the
City Council on non-agenda items, within the jurisdiction of the City Council.
OTHER BUSINESS AND COMMITTEE REPORTS
- City Manager, City Attorney, City
Council
ADJOURNMENT
– The next regular meeting of the City Council is scheduled for
Tuesday, May 1, 2007 in the Council Chamber, 300 Centennial
Way, Tustin, California
City Council Meeting April 17, 2007
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